Filed: Mar. 08, 2011
Latest Update: Mar. 08, 2011
Summary: MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. Pro se plaintiff Omar Ocasio, a former inmate at Great Meadow Correctional Facility, brings this action under 42 U.S.C. 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. ( See Compl., Dkt. No. 1.) On September 1, 2009, defendants moved for summary judgment on Ocasio's claims. (Dkt. No. 129.) In a Report-Recommendation and Order (R&R) filed September 3, 2010, Magistrate Judge David R. Homer recommen
Summary: MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. Pro se plaintiff Omar Ocasio, a former inmate at Great Meadow Correctional Facility, brings this action under 42 U.S.C. 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. ( See Compl., Dkt. No. 1.) On September 1, 2009, defendants moved for summary judgment on Ocasio's claims. (Dkt. No. 129.) In a Report-Recommendation and Order (R&R) filed September 3, 2010, Magistrate Judge David R. Homer recommend..
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MEMORANDUM-DECISION AND ORDER
GARY L. SHARPE, District Judge.
Pro se plaintiff Omar Ocasio, a former inmate at Great Meadow Correctional Facility, brings this action under 42 U.S.C. § 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. (See Compl., Dkt. No. 1.) On September 1, 2009, defendants moved for summary judgment on Ocasio's claims. (Dkt. No. 129.) In a Report-Recommendation and Order (R&R) filed September 3, 2010, Magistrate Judge David R. Homer recommended that defendants' motion be granted and that Ocasio's claims be dismissed.1 (Dkt. No. 158.) Pending are Ocasio's objections to the R&R. (Dkt. No. 162.) For the reasons that follow, the R&R is adopted in its entirety.
Before entering final judgment, this court routinely reviews all report and recommendation orders in cases it has referred to a magistrate judge. If a party has objected to specific elements of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations de novo. See Almonte v. N.Y. State Div. of Parole, No. 04-cv-484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006). In those cases where no party has filed an objection, or only a vague or general objection has been filed, this court reviews the findings and recommendations of a magistrate judge for clear error. See id.
Without specifying the legal or factual basis for his objections, Ocasio generally objects to Judge Homer's R&R. (See Objections at 2-4, Dkt. No. 162.) In light of Ocasio's nonspecific and vague objections, the court has reviewed the R&R for clear error and finds none. Accordingly, the court adopts Judge Homer's findings and recommendations and grants defendants' motion for summary judgment on Ocasio's claims.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that Magistrate Judge David R. Homer's Report-Recommendation and Order (Dkt. No. 158) is ADOPTED and defendants' summary judgment motion (Dkt. No. 129) is GRANTED; and it is further
ORDERED that Ocasio's complaint is DISMISSED in its entirety; and it is further
ORDERED that the Clerk close this case and provide a copy of this Memorandum-Decision and Order to the parties by regular and certified mail.
IT IS SO ORDERED.
